50Sale or delivery of certain films to child

50 Sale or delivery of certain films to child (1) A person must not sell or deliver a film to a child if: (a) the film is classified RC, X 18+ or R 18+; or (b) unclassified but would, if classified, be classified RC, X 18+ or (a) intentionally selling or delivering the film; and

Classification of Publications, Films and Computer Games Act 1985 16 classified RC, X 18+ or R 18+ or unclassified. Maximum penalty: For a film classified RC, or an unclassified film that would, if classified, be classified, RC: For another film: (a) the circumstance that the person to whom the film is sold or delivered is a child; and (b) if the film is unclassified – the circumstance that the film would, if classified, be classified RC, X 18+ or R 18+. (3) Subsection (1) does not apply if: (a) the film is classified R 18+; and (b) the child is at least 15 years of age; and (c) the person who sells or delivers the film to the child is a parent or guardian of the child. subsection (1) if: (a) the defendant proves that: (i) the child produced to the defendant acceptable proof of age before the defendant sold or delivered the film to the child; and (ii) the defendant believed, on reasonable grounds, that the child was an adult; or (b) for the delivery of a film classified R 18+ – the defendant proves that the child was employed by the defendant and the delivery took place in the course of employment. (5) A child commits an offence if: (a) the child is at least 15 years of age; and

Classification of Publications, Films and Computer Games Act 1985 17 (b) the child buys a film classified RC, X 18+ or R 18+. Fault element: Knowledge that the film is classified RC, X 18+ or R 18+. (6) A person must not sell or deliver a film to a child under 15 years of age if the film is: (a) classified MA 15+; or (b) unclassified but would, if classified, be classified MA 15+. (a) intentionally selling or delivering the film; and classified MA 15+ or unclassified. (7) Absolute liability applies to: (a) the circumstance that the person to whom the film is sold or delivered is under 15 years of age; and (b) if the film is unclassified – the circumstance that the film would, if classified, be classified MA 15+. (8) Subsection (6) does not apply if the person who sells or delivers the film to the child is a parent or guardian of the child. (9) It is a defence to a prosecution for an offence against subsection (6) if the defendant proves that the defendant believed, on reasonable grounds, that: (a) the child was at least 15 years of age; or (b) a parent or guardian of the child had consented to the sale or delivery.

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